AMBICA QUARRY WORKS AMBALAL MANIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We grant leave in these two special leave applications and dispose of these appeals arising out of the decisions of the High Court of Gujarat by the judgment herein.

(2.) The two appeals centre round the question of how to strike balance between the need of exploitation of the mineral resources lying hidden in the forests and the preservation of the ecological balance and to arrest the growing environmental deterioration and involve common qeustions of law. In the appeal arising out of special leave petition No. 12041 of 1985 the appellant firm had been granted a quarry lease for the minor mineral black trap at S. No. 73 of village Morai of Taluka Pardi in the District of Valsad in the State of Gujarat. The lease was granted on or about 8th November, 1971 for a period of ten years. The area comprised of 13 acres of land for quarrying purpose. Three persons were granted 21/2 acres of land each and the remaining 51/2 acres of land were placed at the disposal of Industries, Mines and Power Department for the purpose of granting quarry lease from the same. The case of the appellant was that the said lands were dereserved from the forest area from 1971.

(3.) On or about 3rd August, 1981 when the appellant's term of lease was about to expire, the appellant applied for renewal of lease as per R. 18 of Gujarat Minor Mineral Rules, 1966 (hereinafter called the said Rules). The application of the appellant for renewal of lease was rejected by the Assistant Collector, Valsad, on the ground that the land fell under the "Reserved Forest" area and hence the Forest (Conservation) Act, 1980 (hereinafter called '1980 Act') applied to the forests. The forest department of State of Gujarat refused to give 'no objection' certificate. The contention of the appellant was that by the order dated 29th November, 1971, the forest department had dereserved the said land from the reserved area and had allotted the land for the quarrying purpose to the appellant. The contention of the appellant was as the land was under the control of the Industries, Mines and Power Department, the 1980 Act did not apply to the same. An appeal was preferred by the appellant which was dismissed by the Director, Industries, Mines and Power Department, Government of Gujarat on or about 4th March, 1985.